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<br />and employees from any claim, loss, damage, cost, charge or expense arising out of <br />any act, action, neglect or omission by the CITY in the performance of this <br />AGREEMENT. Neither the CITY nor any of their officers, agents or employees <br />will be liable under this section for damages arising out of injury or damage to <br />persons or properties directly caused or resulting from sole negligence of the <br />DEPARTMENT or any of its officers, agents or employees. <br /> <br />It is agreed that the DEPARTMENT will indemnify and hold harmless the CITY, <br />its public officials, employees, and agents from any claim arising out of any act, <br />action, neglect or omission by the DEPARTMENT in the performance of this <br />AGREEMENT. <br /> <br />II. NOTICES <br /> <br />All notices, requests, demands, conseIlJs, approvals, and other communication <br />which are required to be served or given hereunder, shall be in writing and shall be <br />sent by registered mail or certified U.S. mail, return receipt requested, postage <br />prepaid, addressed to the party to receive such notices as follows: <br /> <br />To DEPARTMENT: <br /> <br />Florida Department of Transportation <br />1000 Northwest Illth Avenue, Room 6207 <br />Miami, Florida 33172-5800 <br />Attention: Director of Operations <br /> <br />To CITY: <br /> <br />City of Sunny Isles Beach <br />17070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33160 <br />Attention: Christopher J. Russo, City Manager <br />Lynn M. Dannheisser, City Attorney <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed <br />the day and year first above written. <br /> <br />4 <br />